The political fight over speech on social media is officially heading to the Supreme Court.
Two federal courts have already ruled in different ways on this: The 5th U.S. Circuit Court of Appeals upheld the Texas law, while the 11th Circuit found Florida’s largely violated the First Amendment. The 11th Circuit did uphold a key provision requiring companies to clearly post their content moderation rules.
The cases likely won’t be heard until next year, and both laws are currently blocked from going into effect. Texas’ law restricts social media sites from removing content based on users’ viewpoints and Florida’s law stops platforms from banning politicians and candidates from their services. The court limited its consideration of the cases to the laws’ restrictions on the platforms’ content-moderation policies and requirements to notify users when their posts are taken down. The justices won’t address whether the laws targeted the companies because they discriminated based on political views or whether the laws’ requirements for companies to publish their content moderation rules violate companies’ free speech rights.
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